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HomeMy WebLinkAbout07- Funding Agreement between MDOT for the Bozeman Urban Transportation Plan Update CITY OF BOZEMAN Engineering Department 20 E. Olive St. P.O. Box 1230 Bozeman, Montana 59771-1230 (406) 582-2380 phone (406) 582-2363 fax LETTER OF TRANSMITTAL TO: cy,Ji<. 'J,yJ,.t I1kN-7 Project. ~e: ~11I1Jf'r!AA/~ Date: 1 ~ ~~ ATTENTION: RE: ,~ FOR YOUR VIA: reVIew records _ approval use _ next day _ 2-day _ regular mail _ fax _ hand carry COUrIer distribution _ please return corrected prints REMARK~~ ' ' / k Jju . (r od'- o-:t~ -/11./ /1,S 6a?'t ~r! . ~ ~'1C't '-' \./ZlVL. I I cc: f~h~ by:~/ff~) ," ~ AMENDMENT I TO THE BOZEMAN URBAN TRANSPORT A TION PLAN UPDATE- FUNDING AGREEMENT BETWEEN THE MONTANA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BOZEMAN AND GALLATIN COUNTY The City of Bozeman and Gallatin County (hereinafter "LOCAL AUTHORITIES") and the Montana Department of Transportation (hereinafter "DEPARTMENT") do hereby agree and acknowledge that the Bozeman Urban Transportation Plan Update Funding Agreement entered into September 20, 2006, is amended as follows: Section 2, Time of Performance - The tenn ofthis agreement is extended to September 30, 2008 unless tenninated before this date as provided in Section 10 of the initial agreement. This change is necessary to accommodate the consultant's schedule. Section 3, Compensation - The project will be funded by the LOCAL AUTHORITIES and the DEPARTMENT based on the following financial allocations. City Funds (25 %) County Funds (25 %) MDT Funds (50 %) Other City Funds (100 % Local) Total $40,000 $40,000 $80,000 $65,670 $225,670 Paragraph 3, second sentence change to read". . . for its proportionate share, up to a maximum of$80,000, of the total costs of the transportation study excluding the costs of the bicycle and pedestrian element conducted by the sub consultant Alta Planning + Design. The agreement between the LOCAL AUTHORITIES and DEPARTMENT executed on September 20, 2006, and as amended herein, constitutes the entire agreement between the parties and no statements, promises or inducements made by either party, or agents of either party, which are not contained in written agreement, shall be binding or valid. IN WITNESS WHEREOF, the parties to this agreement have hereunto signed their names. CITY OF BOZEM~ (\ f\ ^... By:C~A;~ Date: g -Z-Z ,2007 '. ..,,'~ ~ GALLATIN COUNT~ By 'ri ' OF MONTANA - DEPARTMENT OF TRANSPORTATION Date: 7 /~-/ Date: &, Z"'Z-. By: Tra sportation Planning Approved for Civil Righ}j Content: B~{ttL Wt7~ MDT Civil Rights ,2007 ,2007 Funding Agreement Bozeman Urban Transportation Plan Update This Agreement is made and entered into by and between the City of Bozeman and Gallatin County (LOCAL AUTHORITIES), and the Montana Department of Transportation (DEPARTMENT). The parties to this Agreement acknowledge the following: 1. Purpose of Agreement This agreement documents funding responsibilities for the update of the Bozeman Urban Transportation Plan for the area shown in Exhibit A. The scope of the update is described in Exhibit B. 2. Time of Performance The term of this agreement will be from the signing of this agreement until December 31, 2007, unless terminated before that date as provided in Section 10 below. 3. Comoensation The project will be funded by the LOCAL AUTHORITIES and DEPARTMENT based onthe following financial allocations. City Funds County Funds MDT Funds (25%) (25%) (50%) $40,000 $40,000 $80,000 Total $160,000 The LOCAL AUTHORITIES will not reduce its share of the project cost unless there is a proportional cost reduction to the DEPARTMENT. The total payment to the LOCAL AUTHORITIES to complete the plan update shall not exceed the MDT funding reflected above. Any increase in project costs must be agreed to beforehand in writing and must be borne proportionately. The LOCAL AUTHORITIES will submit invoices and supporting documentatiol;l substantiating the amount requested for payment along with a letter approving payment to Lynn Zanto, Statewide & Urban Planning Section Supervisor, Transportation Planning Division, Montana Department of Transportation, 2701 Prospect Avenue, Bozeman, MT 59620. DEPARTMENT funds will be used to reimburse the LOCAL AUTHORITIES for its proportionate share of the total costs attributable to the transportation study. The DEPARTMENT has the authority to review and approve payment of the invoices submitted by the LOCAL AUTHORITIES. Reimbursement will not be made for any costs not clearly and accurately supported and not submitted within sixty days of the date originally occurred. The DEPARTMENT reserves the right to withhold 10% of its proportionate share of the total project cost until all supported claims filed with the DEPARTMENT have been settled. 4. Liaison The liaison person for the DEPARTMENT is Alan Vander Wey, Statewide & Urban Planning Section Planner, Transportation Planning Division. The liaison person for the LOCAL AUTHORITIES is Chris Saunders A.1.c.p, City of Bozeman, Department of Planning and Community Development. All reports, partial and final payment requests, and coordination of activities will be submitted to the Transportation Planning Division for acceptance by the DEPARTMENT. 5. Department~Local Coordination The local authorities will secure and administer consultant services for development of this study. Draft products including the request for proposal, consultant's proposed scope of work and cost, technical reports, and draft reports will be provided to the Department for review and comment prior to finalizing any such products. " 6. Ownership of Documents All notes, calculations, computer runs, specifications, reports, special studies, and other data prepared or collected under this agreement will become the property of the LO~Al- AUTHORITIES upon completion of the study. The LOCAL AUTHORITIES will provide a copy of the completed study to the DEPARTMENT upon completion of the study. 7. Access to Records It is expressly understood that the LOCAL AUTHORITIES are required to maintain reasonable records of their performance and further to allow access to these records by the Department and the Montana Legislative Auditor and Legislative Fiscal Analyst when required by law. 8. LOCAL AUTHORITIES will require any subcontractor performing work under this agreement to provide proof of the following insurance coverage prior to the date upon which work is to begin. The proof of insurance or exemption must be valid for the entire agreement period. a. Comprehensive general liability insurance, including vehicle liability insurance, with limits acceptable to the LOCAL AUTHORITIES. b. Workers Compensation Insurance coverage valid in the State of Montana or proof of exemption thereof. 9. Nondiscrimination The LOCAL AUTHORITIES will require during the performance of any work arising out of this agreement, that the agreement, for itself, its assignees and successors shall comply with all nondiscrimination regulations shown in Exhibit "C". 10. Termination This agreement may be terminated for convenience by either party by that party mailing or faxing a written notice of termination to the other's liaison person. The DEPARTMENT may also terminate this agreement for default. If termination occurs due to default, the notice shall state the manner of the default, and offer the LOCAL AUTHORITIES an opportunity to explain the non-performance. If the DEPARTMENT finds that the LOCAL AUTHORITIES has a reasonable excuse for non-performance, which is beyond the control of the LOCAL AUTHORITIES, the DEPARTMENT may set up a new work schedule to allow the completion of the agreed upon work. In any termination, the DEPARTMENT will make its contractual payments proportionate to the work performed at the time of termination and the LOCAL AUTHORITIES shall account for any property in its possession paid for with funds received from the DEPARTMENT or supplied to it by the DEPARTMENT. 1 1 . Litiqation Controversy arising from this agreement may result in litigation. Arbitration, unless agreed to in writing and pursuant to law, is not available. 1 2. Venue In the event of litigation concerning this agreement, venue shall be in the District Court of the First Judicial District of the State of Montana in and for the County of Lewis and Clark. This agreement shall be interpreted according to Montana law. 1 3 Aqreement Modification Any change in this agreement will be by written agreement of the parties. 1 4 Notice All notices arising out of, or from, the provisions of this agreement shall be in writing and given to the parties at the address of the party above, either by regular mail or delivery in person. 1 5 Severability and Integration If any single part, or parts, of this agreement are determined to be void, the remaining parts will remain valid and operative. This agreement, as written, expresses the total, final and only agreement of the parties relevant to its subject matter. No provision, expressed or implied, arising from any prior oral or written request, bid, inquiry. negotiation, contract, or any other form of communication shall be a provision of this agreement unless specifically proVided within the written terms herein. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed. CITY OF BOZEMAN By: ~~~~__________________________ GALLATIN COUNTY By: ~~~__~__________________________ Date :_________~_________, 2006 Date :______~~~~~~__~____. 2006 STATE OF MONTANA ~ DEPARTMENT OF TRANSPORTATION By: _________________________________ Transportation Planning Division Approved for Legal Content: By: _________________________________ MDT Legal Services Approved for Civil Rights Content: By: ~________________________________ MDT Civil Rights Date :___________________. 2006 Attachment "A" -- '-.):, '\ , t ~V)\... .r"~ ~::"'\l" ;; t- ' ~ ,II" i J._____, '1.".II.".".II.".".U.".'_l. rJV- ,p-<.,l ! ./'----'JA (' f · K . 1 il~= "- --"'1.v--" '" ~ .\ \'-^ lV'"'-.J \~, i i~'jr,,- ->;..J c ! -;::;- ----..~\, '--I. . ,....-'~ ~"-- ! ---;r--- --~ if I' '- -.....~ ............~ ! I .ri" '::------------ > ~, "1 Ji.....{ !\ lI~ k. ! ( i' l"'jC \1\, .L. \ \ );; ~~!~~ ~.^y-- , ~",,.---..------::"7.- J-- ! 11(~'jr)~',.'l ~ /' ,('\ \ ,"" "-'--v.-'- \) -- .., ~ ' ~"VI f \ ,/. ~ . ~L ~ 1-- ~/V- \...,/ ~L .1 ~---?7} r flY-5~ \( 1/ ~ ~ ' "1 \ ~ -' . ~ ib '--.S 1';;.-' / 't i\- . ~ 't... -.Y c r ~rf~:~'i h~:\\ ~~/ , .- I ;;j' !)j. ('-....~)., ~ ~''V1~ ",,\, '",--- !),e\....r' u-' (l ~;~. 'J 1,!,,'-:-_'. _ "t.::J '-",~. ~- . ' 1- r<<; r, \ ~ I ~~\\ \~J"1' p,'J ~.xj(\,\....", ,- i.., ,--- \ ,; l.f '\ "Y-J; "---'f- :--.. ;-.v i i--. ~= ~, )'*, v '; 'Ii ''1..... " =.- ') ')1\ j "J\;"'--~ ~, ~ L'L"': \ w, \. l - .- · ------r ().: ,~,( .- ..I.u.n.u....n.n'= \--. ~ r1-. ~ \ . ~...... ", <--. " ~, = "-\. 'if," \z" i"! 'f"" · .............~ j '.....":-..- ~ '- \..."'\ \ ~ ~--n~'-1. "... ( < , .- '- i -r' \ I \, . ] \C-', "-~ ___ .- 'j (F , .:.{ 1 ........~r- (~ ("'",? ""...j it) tx y ~ "'~ - 1I.1l.".~~1I.1I.". 1ft'.".rl."~I.II.11.I{"'~I,I;;raJ.j~' ~ q:;-:- / '> "::./ ' I' '-,,,j ~ ,\ ",,--,~ JJ,\/:{';-ft'l "<, '"\ ,.-\ ~ "'L~,,_ ~'---lt\f'JI,--- ---,'1..r-",<~ <'-...~ h ' ''\ .~ l "__,...-3 \_: ~ ~____ ,-.., r......, . i) \ "<:: tJf\ -----"'.' /:Jt;\ ~ \ , ':,."'----- . .r./~ Pl) ~--\', -"S\ OJ \...f~_,\~j -R' ,). ~ '-, ~11'9) ~ ~. $1:- / 1..\ .~::.,:: ) >, tj ,_,0" I~ \ . ~ r- !\ i " 1'-- 1 ! .I j I f / -\ ! r~j l ' } ! \i ~ / r'- t 't , Legend C:=J Cit'j Limits - Gallatin (;oun:y Roads [:::-J 2006 land",. &F,oiity Planning Boundsry (,ctu,U Preliminary Study Area Boundarv .. 2006 Greater Bozeman Area Transportation Plan Update " A 11r.cheq.Jals10,4171eel! m .... 11 lhis-Il-..p 'Will$. ~I"""ed by iIle QIy of Bozenw. Oep..tn'JllU: -or PI..'WHnig .....d Connulitf D eveloprnn. ,. ;'- ~. 0".' .;_\\>".:....>: ~ -.' - -, .' ,",.': _,_".-_",ii-~ ~-':' "~tF ~.-. Attachment "B" SCOPE OF WORK A. STUDY AREA BOUNDARY REVIEW The consultant shall review the attached proposed study area boundary, and submit any resulting . proposed area changes to the Local Officials for approval. This review shall take into consideration changes in land use which are anticipated, the area of jurisdiction of local government entities, the areas included in other recent studies prepared for the Local Officials, and any other factors which may have a material effect on the transportation study effort. B. DATA ACQUISITION The consultant will identity the information and data needed to accomplish all facets of the study effort, will search out and evaluate the information and data that is already available for use, and will be responsible for collecting or developing any additional information required to accomplish the transportation study tasks and objectives. Any existing data utilized will be adequately referenced in study documents to allow users and reviewers of the study to identify and obtain the referenced material. Any new data and information collected or developed by the consultant shall be appended to the study report and shall become the property of the Local Officials. Information known to be available which the consultant should review and utilize as appropriate includes: · Existing and under development data documents locally (studies, accident data, land use information, sign inventory, number of parking spaces/facilities and overall utilization) · Existing data and inventory counts from the Local Officials and MDT (traffic count data, accident data, signal warrant analysis, turning movements, aerial photos, major street classifications and function) · U.S. Census data · Local Officials' records (Building and septic permit information, utility records, road network, etc.) · Socio-economic data and projections compiled by State Department of Commerce and/or University System units and Local Officials. C. TRAVEL DEMAND MODELING In support of the transportation plan, a travel demand model will be developed to simulate existing travel patterns, forecast future traffic volumes, and allow for analysis of alternative transportation improvements. Travel demand modeling will be performed by the Montana Department of Transportation (MDT), Statewide and Urban Planning Section. Throughout the modeling process, MDT will cooperate with the consultant to ensure their understanding of the data inputs and assumptions that go into the model. The model will include all of Gallatin County north of Yellowstone National Park. This modeling area is larger than the proposed study area. (1) Base Model MDT will develop a travel demand base model utilizing the most recent data available. The base model will be developed using TransCAD modeling software. MDT will research and assemble all necessary social, economic, and geographic information for the development of the base year model. The model will consist of a representative road network and traffic analysis zones. The road network will be attributed with characteristics such as: speed, capacity, travel time, and functional classification. The traffic analysis zones will represent areas of similar land use and will contain housing and employment data. The model will be calibrated (adjusted) to base year traffic counts from local and state sources. The base model and data used in its development will be available for consultant review. The consultant will have the opportunity to review, comment on and accept the base model. (2) Future Year Housing and Employment MDT will research historic and projected land use patterns in the study area to identify growth rates for housing and employment. This research will be documented and provided to the consultant. The consultant, in consultation with MDT and local planners, will determine final growth rates and develop future year housing and employment totals. Also, the consultant, in consultation with Local Officials, will develop any alternative land use scenarios (locations/growth rates) that are considered appropriate for use in future year modeling. (3) Land Use Allocation The consultant will coordinate allocation of the future year housing and employment throughout the study area, utilizing local officials and professionals knowledgeable on community development, for each alternative land use scenario. The product of the land use allocation exercise will be a map of future year housing and employment locations that will be provided to MDT. MDT will translate the distribution map information into the traffic analysis zones in the model. MDT and the local government will also develop a list of committed projects for the study area, which will be incorporated into the model road network. Future year model runs will be completed using the future year housing and employment distributions and a road network containing the existing plus committed road network (E+C). The results of the future year model runs will be provided to the consultant for analysis. (4) Modeling Alternatives Once the consultant has analyzed future year model runs they will develop a list of alternative improvements to be modeled by MDT. Modeling alternative scenarios will be completed using future year housing and employment data, the E+C road network and any alternative land use scenarios. The consultant will be responsible for developing the variables that describe the project alternatives to be analyzed. These include: · Route identification/name . Begin/end points . Speed . Number oflanes . Access points . Direction of flow . Turn prohibitions The results of alternatives modeling will be provided to the consultant for review and analysis. (5) Formats/Timelines An initial model scoping meeting will be held once the consultant contract has been awarded. The format for presentation of all model results and data will be negotiated with the consultant at the scoping meeting. Also, MDT and the consultant will decide on realistic timeframes for the completion of the tasks outlined above at that time. Any other incidental details can be included for discussion at the meeting. (6) Technical Memorandum A final report documenting traffic model development will be prepared by MDT and provided to the consultant. D. REQUIRED ANALYSES The consultant shall develop long and short- range goals and plans for the transportation system within the Local Officials' planning area. The analyses performed by the consultant will explicitly consider the following issues in developing alternatives and recommendations for consideration by the Local Officials: .:. The transportation implications of the local growth policies and other current or ongoing public or private development plans. .:. Projected transportation demand for ten and twenty year planning horizons based on model scenarios driven by land use and socio-economic projections for those years. .:. Potential facilities and services for alternative modes of transportation including bicycles, pedestrian, and mass transit. );> This includes number of miles and interconnectedness including existing and currently proposed trails, bike lanes, bike routes, trails, sidewalks, and shared-use paths. Analysis is to be provided by a qualified professional with specialization in bicycle and pedestrian transportation. .:. Capacity analysis for intersections and corridors in relation to existing and projected demand. This will include identifying estimated volumes at which failure is expected to occur. .:. Existing unmet needs for the maintenance and preservation of the existing transportation system. .:. Problems and opportunities associated with special traffic demand generators such as: schools, medical centers, shopping centers, high traffic businesses, landfills, transfer stations, public buildings, airports, etc. .:. Accident analysis for high accident locations. .:. Review options for downtown parking. .:. Travel time analysis for peak and off-peak times. .:. Truck traffic analysis and potential truck route identification. .:. Address access management, approach ordinance and permitting issues. .:. Opportunities for utilizing access management to protect or enhance the capacity of arterial and collector routes. .:. Potential transportation system management (TSM) improvements such as signal synchronization, new signals, turning bays, one-way street designation, etc., and updating of traffic calming practices. .:. Identify existing and potential programs for funding transportation system maintenance and improvement. For each program specify at least the source of funding, criteria utilized in distributing funds, anticipated funding available over time, matching requirements, and restrictions on the use of program funds. E. PUBLIC PARTICIPATION This project will entail public involvement and public meeting work. The consultant shall include a public participation program in his/her response to this RFP to maximize public awareness and involvement in the transportation planning process. In order to gather significant input on local concerns, the consultant shall conduct a meeting or meetings in the community to deal with transportation related concerns in the effected neighborhood. The proposed program shall be approved by the Local Officials during negotiation of the final contract. Consultant's program proposal should include at least the following elements: . Mechanisms for informing/educating the public about the transportation study process (and the significant issues under consideration) which will motivate participation and encourage meaningful response. . Mechanisms for public participation to be used in gathering response to the consultant's recommendations and alternatives. Plans for informing and gathering input from local government boards and commissions are to be specifically identified, and shall include a website. . Mechanisms for presenting the proposed action and alternatives at the public hearings on the draft final study. . Mechanisms for documenting participation, recording input, analyzing, and summarizing the responses received during all phases of the process. . An indication, and/or examples, of the materials (media releases, handouts, presentation displays, graphics) that the consultant will use in public communication. F. PLANNING OUTPUTS Attachment 4'C" NOTICE TO CONSULTANT During the performance of this Agreement, the parties, for themselves, assignees and successors in interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS (1) Compliance with Requlations: The Consultant shall comply with all Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, 49 Code of Federal Regulations, Part 21, as they may be amended (hereafter referred to as the Regulations), which are incorporated by reference and made part of this Agreement, even though only State funding is here involved. (2) Nondiscrimination: The Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of sex, race, color or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR ~21.5. (3) Solicitations for Subcontracts, Includinq Procurements of Materials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the Consultant for work to be performed under a subcontract, including procurements of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination. (4) Information and Reports: The Consultant will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Department or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Department of the FHWA as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Department may impose sanctions as it or the FHWA determines appropriate, including, but not limited to; (a) withholding payments to the Consultant under the Agreement until the Consultant complies, and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: The Consultant will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Department or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided; however, that in the event the Consultant is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Consultant may request the Department to enter into the litigation to protect the interests of the State, and, in addition, the Consultant or the State may request the United States to enter into such litigation to protect the interests of the United States. B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, 49-2-207, MCA In accordance with 49-3-207, MCA, the Consultant agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. C) COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) (1) The Consultant will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT (ADA). (2) The Consultant will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "The Consultant will provide reasonable accommodations for any known disability that may interfere with a person participating in any service, program or activity offered by the Consultant. In the case of documents, recordings, or verbal presentations, alternative accessible formats will be provided. For further information call the Consultant." (3) All video recordings produced and/or created under this Agreement will be closed-captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR S26 Each Agreement the Department signs with a Consultant (and each subcontract the prime consultant signs with a subcontractor) must include the following assurance: "The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate.